Boonty, Inc. ("Boonty") maintains this Software (BoontyBox) and the web site related to the BoontyBox as a convenience to our customers. By accessing, browsing and/or using this software / web site, you acknowledge that you have read, understood, and agree to be bound by the following:
A) TERM OF USE
B) PRIVACY POLICY
C) PRODUCT TRIAL AGREEMENT
and to comply with all applicable laws and regulations. If you do not agree, you should not review information or obtain products or services from this Site/Software and you should cancel installation now by clicking the button "cancel".
A) TERM OF USE: USE OF OUR BOONTYBOX AND SOFTWARE / WEB SITE CONSTITUES ACCEPTANCE OF THESE TERMS
Boonty, Inc. ("Boonty") maintains this software (BoontyBox) and web site as a convenience to our customers. By accessing, browsing and/or using this software / web site, you acknowledge that you have read, understood, and agree to be bound by the following terms of use ("TOU") and to comply with all applicable laws and regulations. If you do not agree to these TOU, you should not review information or obtain products or services from this Software/Site.
1. Introduction
The content, information, graphics, design, compilation, products, software, services, including but not limited to videogame buying services, and all other matters related to this software / web site ("Materials") are protected by law, including, but not limited to, U.S. Copyright law and international treaties. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access this software / web site from other locations do so on their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. You agree that Boonty, in its sole discretion, may terminate your access to and use of the software / web site and Materials, for any reason, including, without limitation, if Boonty believes that you have violated or acted inconsistently with the letter or spirit of these TOU. Upon termination, you must destroy all Materials and any copies obtained from this software / web site. Your right to use the software / web site is not transferable and any password or right given to you to obtain Materials is not transferable. Except as set forth in the "Use of Software and Data" Section below, these TOU contain our entire understanding relating to the use of this software / web site and supersede any prior written or oral agreement or understandings between us with respect to this software / web site, and cannot be changed or terminated except in writing by an authorized representative of Boonty.
2. Company Privacy Policy
Registration Data and certain other information about you that we request in order to perform a better service are subject to our Privacy Policy. For more information, please see our full privacy policy below (part. B).
3. Use of Software and Data
Any software or code downloaded by you from this software / web site, including, without limitation, any files, images incorporated in or generated by the software, code and data accompanying the software (collectively, the "Software") are licensed to you under terms of Boonty's standard software license agreement or the Product Trial Agreement (each, the "License Agreement") or the specific terms of use (whether supplied by Boonty or a third party) applicable to any of the Materials. Your right to use the Software is expressly limited to the terms set forth in the License Agreement or specific terms of use. Access to or downloading of the Software does not in any way transfer title to the Software, or any intellectual property rights contained therein, to you.
4. Terms of Sale
Please see our Conditions of Sale for information governing registration and the purchase of Materials, including but not limited to videogames, on this software / web site. Unless otherwise agreed to by Boonty, you acknowledge and agree that Boonty does not and shall not support any videogame downloads.
5. Notice
Notices to you, including but not limited to changes to these TOU or other policies, may be made via email, regular mail or by displaying such notices or links to notices generally on the software / web site. Please note that these TOU may be updated by Boonty from time to time without notice to you. You can review the most current version of the TOU at any time at the following site: http://us.clickgames.com/howitworks.php?intMode=9. You are responsible for regularly reviewing these terms and conditions to ensure that you are in compliance. In addition, when using particular Boonty materials and services, you shall be subject to any guidelines or rules applicable to such materials and services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOU.
6. Modification
Boonty reserves the right in its sole discretion to modify or delete any Material appearing on the software / web site or to terminate this software / web site without notice to you.
7. Termination
You agree that your access to and use of this software / web site and the Materials, including but not limited to the videogame buying service provided hereunder, may be terminated by Boonty for any or no reason without prior notice. In the event of such termination, you acknowledge and agree that Boonty may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to and use of such files, this software / web site or the Materials. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of this software / web site or the Materials, may be referred to appropriate law enforcement authorities. Further, you agree that Boonty shall not be liable to you or any third-party for any termination of your access to the software / web site or the Materials.
8. Copy and Use Restrictions
This software / web site is owned and operated by Boonty, which owns or licenses, or has the right to display, all the Material provided on this software / web site. Except as stated herein, none of the Material may be copied, duplicated, reproduced, distributed, republished, downloaded, displayed, posted, modified, enhanced, sold, resold, transferred or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Boonty or the copyright, trademark and/or servicemark owner. Unless specified otherwise in the Conditions of Sale or License Agreement (as defined herein), permission is granted to display, copy, distribute and download the Materials for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. To clarify, permission is also granted to display, copy, distribute and download the free trial version(s) for personal, non-commercial use and to share such free trial version(s) with others for free. These permissions terminate automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials (except any videogames you have already purchased). Any unauthorized use of any Material contained on this software / web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials for conducting unwanted solicitations or communications via email, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, libelous or otherwise objectionable as determined in BoontyÆs sole discretion.
9. Feedback
Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to Boonty (collectively "Feedback") shall be deemed to be non-confidential and shall become the sole property of Boonty. Subject to the conditions described on the privacy page of this software / web site, Boonty shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.
10. Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, THIS SOFTWARE / WEB SITE AND THE MATERIALS ARE FURNISHED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS AND BOONTY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. BOONTY MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE SOFTWARE / WEB SITE OR MATERIALS. BOONTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BOONTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SOFTWARE / WEB SITE OR ANY SOFTWARE / WEB SITES LINKED TO THIS SOFTWARE / WEB SITE.
IN NO EVENT WILL BOONTY BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE) OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE MATERIALS PROVIDED, OR THE USE OR INABILITY TO USE THE SOFTWARE / WEB SITE OR ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BOONTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF BOONTY WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SOFTWARE / WEB SITE OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Indemnification
You hereby agree to indemnify and hold Boonty harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorneys fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to and use of the Materials, including without limitation the downloadable videogames, and this software / web site, including without limitation your failure to comply with the terms of this TOU or any License Agreement.
12. Export Controls
The Materials may be subject to United States government export restrictions. You understand that none of the Materials or any underlying technology or direct product thereof may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan, (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders, U.S. Treasury Department's list of Specially Designated Nationals or any other U.S. government denied or embargoed party list or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.
13. Links to Third Party Software / Sites
Boonty may provide links to third-party sites. Boonty does not control the linked sites and Boonty is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Boonty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Boonty of the site. If you decide to leave our software / web site and access these third-party sites, you do so at your own risk and you acknowledge and agree that Boonty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, goods or services available on or through any such hyperlinked site or resource.
14. Copyright and Trademark Information
Materials and software / web site Copyright ⌐ 2005 Boonty. All rights reserved. Boonty, Clickgames.com, BoontyGames, BoontyBox and other Boonty logos and names are trademarks or registered trademarks of Boonty (the "Boonty Marks"). Without BoontyÆs prior permission, you agree not to display or use in any manner the Boonty Marks. Other trademarks belong to their respective owners.
15. General Information
These TOU and the relationship between you and Boonty shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Boonty agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California. The failure of Boonty to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOU are for convenience only and have no legal or contractual effect. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement will nevertheless remain in full force and effect. Boonty is not responsible for delay or failure to perform due to causes beyond its reasonable control. Sections 7-12, 15 and 16 shall survive termination of this Agreement.
16. Contact Information
Please direct any inquiries and/or comments to:
Boonty Inc.
TOU inquiries
115East 23RD street
New York, NY 10010
USA
Please report any violations of the TOU to:
Boonty Inc.
TOU violation
115East 23RD street
New York, NY 10010
USA
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
B) Boonty Privacy Policy
Your privacy is important, so Boonty, Inc. ("Boonty") has created the following Privacy Policy to let you know what information we collect when you visit our Software / Site and use our Services, why we collect it and how it is used. This Privacy Policy explains the data collection and use practices of the Boonty World Wide web site and Software (the "Software / Site") and the data collected and used in connection with advertising and content on the Software / Site and any related services (collectively, the "Services"); it does not apply to other online or offline Boonty sites like the Boonty SA website, products or services. International users of the Software / Site agree by using the Software / Site to be bound by this privacy policy which is governed by U.S. federal law. In the event other online or offline sites, products or services offer Boonty products or services, you shall be bound by this privacy policy and any other applicable privacy policy and in the event of a conflict between such policies, you hereby agree that this policy shall govern. The terms "you," "your," and "yours" refer to the customer/purchaser utilizing our Software / Site. The terms "Boonty," "we," "us," and "our" refer to Boonty and its subsidiaries and affiliates. This Privacy Policy is governed by our Terms of Use shown before (part A). By using this software / web site, you consent to the data practices prescribed in this statement. We may periodically make changes to this Privacy Policy that we will include on this page. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.
Your Consent To This Privacy Policy.
By using this Software / Site, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. Our Terms of Use take precedence over any conflicting Privacy Policy provision. We may change this Privacy Policy by posting a new version of this Privacy Policy on this Software / Site, which it is your responsibility to review.
What Information Is Collected?
"Personally Identifiable Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home. Boonty may collect the following Personally Identifiable Information from you when you register to use our Software / Site and Services: your name, e-mail address, mailing address, telephone number, age and gender. We also keep track of the type and number of videogames you download to help us track sales, downloads, plays, launch, etc. and may use such information, as well as information regarding your age, gender, occupation, education level, geographic location, computer equipment data and on-line and video game interests, activities and practices, to provide general audience preference information to game publishers as part of our effort to provide you with the best possible products and service. We collect information regarding your hardware configuration, including but not limited to OS version, type of coding for video, processor, memory size, explorer version, video card type and sound card type, so that we can confirm that the videogames are being installed in accordance with our End User License Agreement. We may also collect information related to how you will pay for the Services, such as your payment type and billing address. If paid by credit card, we shall ask you for the card type, card number and expiration date. We also may offer payment by electronic funds transfer, in which case the information collected may include, but is not limited to, account type, account number, routing number, and level of service. This payment information may be shared with third parties who provide payment services. As part of the contests we may occasionally offer, you may be asked to provide your name, birth date, address, home and cellular telephone number and genre of games you like to play. As part of an optional questionnaire we may send to you in order to help us better understand the needs and preferences of our customers, we may ask you for your age, gender, educational level, occupation, computer equipment, on-line interests, on-line activities, on-line purchasing practices, video game use, video game preferences and video game purchasing practices, à We may share your e-mail address with third party e-mail carriers who assist us with sending e-mails to our customers. This Personally Identifiable Information is used in order to register you as a user of the Software / Site and Services, to set up your payment for the Services and to give us a sense of who our customers are and what are customers are looking for from our Software / Site, Services and products. Also, in the event we receive a copyright and/or trademark infringement notice or other notice of any legal claim relating to content provided by you, we may share your contact information with the parties involved in the applicable dispute. Boonty also automatically receives and records information on our server logs from your browser, including your IP address, cookie information and the page you request. You can choose not to provide us with certain information, but then you might not be able to take advantage of many of our features.
How Is Such Information Used?
We gather the information discussed above for purposes of providing and improving our service. For example, we use it to personalize our service, to provide service to users who encounter problems with the platform (e.g., the user has trouble unlocking a game), to enforce our Terms of Use and to communicate with users about updates or changes in the policies and changes to our service. We also may share payment information with third parties who provide payment services and share aggregate data regarding the type and number of videogames you download, your age, gender, occupation, education level, geographic location, computer equipment data and on-line and video game interests, activities and practices to game publishers. In addition, we share e-mail addresses with third party e-mail carriers who assist us in sending out our e-mails to many of our customers at the same time. Subsidiaries and controlled affiliates are not viewed as third parties for the purpose of data transfers, and hence personal information may be shared within those subsidiaries and affiliates without obtaining additional consent. In certain areas, you may choose to allow other Boonty users to see the registration information you provide. In such cases, we will notify you during the registration process and allow you to determine the information you wish to be displayed.
Is The Information Shared or Disclosed?
Boonty does not rent, sell or share personal information it collects about you to or with third parties for marketing purposes, unless agreed by the end user. From time to time, Boonty may disclose personal information to third parties it has hired to assist Boonty in serving you; however, these third parties will never use this information for their own marketing purposes. Information and data collected from you is only used to provide and improve our service, to comply with any requirements of law, to determine commissions for third parties and to provide aggregate data (i.e., game preferences, age, gender, geographic location, education, occupation, computer equipment and on-line and video game interests, activities and purchases, but not name or contact information) to game producers for their market research purposes. Boonty may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Boonty or this software / web site; (2) protect and defend the rights or property of Boonty; or (3) act in urgent circumstances to protect the personal safety of users of Boonty, its software / web sites or the public. If Boonty should ever file for bankruptcy, merge with another company or have all or substantially all of its assets acquired by another company, we may sell the information you provide to us on this Software / Site to a successor in interest or other third party or share your Personally Identifiable Information with any company with whom we merge.
Access and Choice.
You may update, correct, or amend your personal information by sending a registered letter to the web-publishing company or by sending an e-mail to personalinfo@boonty.com. Please note that the latter e-mail address is not intended for and will not respond to customer inquiries; rather, customer inquiries should be directed to http://us.clickgames.com/contact.php. Please be aware that this Privacy Policy and the choices you make on this software / web site will not necessarily apply to personal information you may have provided to Boonty in the context of other, separately operated, Boonty products or services. When contacting Boonty to change your personal information, please make sure to specify whether you would like to change your personal information for all Boonty products and services, or only the information that you supplied when registering to use the Software / Site.
The Security of Your Information.
Boonty protects the security of your payment and financial information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input. In addition, access to customer data is restricted to Boonty employees with permission to access customer data for business and customer support purposes. Your e-mail address only may be shared with third party carriers of e-mails who assist us in sending e-mails from Boonty to our customers. Boonty protects against credit card fraud by not maintaining credit card numbers on its system. No security measures are completely fail-safe or impervious to circumvention. We are not responsible for events beyond our control, including without limitation, failure of security measures, the malicious acts or willful misconduct of hackers or any other person.
International Transfers.
Boonty abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
Children.
Children can use the Software / Site and view content without any Personally Identifiable Information being collected. However, in some areas of the Software / Site it is necessary to collect Personally Identifiable Information from children so that they can participate in an activity or download a videogame.
Boonty does not collect more Personally Identifiable Information from children under the age of 13 than is necessary for them to participate in BoontyÆs online activities. The Personally Identifiable Information we may collect from a child is their name, e-mail address, mailing address, telephone number, age and gender. We collect this information so that we can contact their parent to receive permission to collect such information from the child, to contact the child in the future and to verify their age and for the purposes set forth in the Section entitled "What Information Is Collected?"
We will always honor a parentÆs request for: (1) a description of the specific types of personal information collected from their child by Boonty; and (2) removal of the information collected about their child from our database. If you would like to deactivate your childÆs account, send an email to parents@boonty.com explaining that you want to deactivate your childÆs account. Parents may obtain any Personally Identifiable Information collected from their child by sending an email to parents@boonty.com requesting the Personally Identifiable Information.
Boonty will obtain verifiable parental consent for the collection, use or disclosure of Personally Identifiable Information.
Cookies.
Cookies are small text files stored by your browser in your computer when you visit our Software / Site. We use cookies to improve our Software / Site and make it easier to use. Cookies permit us to recognize users and avoid repetitive requests for the same information. We mostly use "session cookies" that are automatically deleted several month after the visit. Cookies from our Software / Site cannot be read by other Software / Sites as they tie automatically to BoontyÆs domain name. Most browsers will accept cookies until you change your browser settings to refuse them.
Contacting Boonty.
If you believe that Boonty has not adhered to this Privacy Policy, please contact us by email at privacy@boonty.com or by postal mail at :
Boonty Inc.
Privacy Policy
115East 23RD street
New York, NY 10010
USA
and we will respond to you promptly.
C) Product Trial Agreement
This is a product trial agreement ("Agreement") between you, the end user ("Licensee") and Boonty, Inc. ("Boonty"). BY CLICKING ON THE "NEXT" BUTTON OF THIS AGREEMENT OR ACCESSING OR DOWNLOADING VIDEO GAME TRIAL(S) AVAILABLE ON THE BOONTY SOFTWARE / WEB SITE ("TRIAL(S)"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this agreement, click on the "Cancel" button. All questions concerning this Agreement should be directed to Boonty.
The Trial(s) shall be furnished to Licensee solely for LicenseeÆs internal use and evaluation for the period specified on the Boonty software / web site (the "Trial Period").
Licensee agrees that it is receiving the Trial(s) for internal use and evaluation only. Licensee agrees that it is receiving a copy of the Trial(s) for use only on a single personal computer. Licensee may make up to one (1) additional copy only for back-up purposes. Licensee agrees that all copies of the Trial(s) and all intellectual property rights in and to the Trial(s) are owned by Boonty or its suppliers, that all copies will display Boonty's copyright and other proprietary notice(s), and that all copies will be strictly safeguarded against disclosure or use by persons not authorized by Boonty to use the Trial(s). Licensee agrees that unauthorized copying will cause great damage to Boonty or to any third party holding any right, title, or interest in the Trial(s). Licensee agrees that it will not distribute to any third party the Trial(s), any portion thereof, or any program derived from the Trial(s) without the prior written consent of Boonty. Licensee agrees that it will not modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to: (i) alter or damage the Trial(s), including but not limited to the title, trademark, copyright or other proprietary notice affixed to the Trial(s), (ii) defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Trial(s), including without limitation any such mechanism used to restrict or control the functionality of the Trial(s), or (iii) derive the source code or the underlying ideas, algorithms, structure or organization from the Trial(s) (except to the extent that such activities may not be prohibited under applicable law). Because the Trial(s) are provided solely for LicenseeÆs internal use and evaluation, THE TRIAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. Licensee agrees that neither Boonty nor anyone else involved in creating, producing, or delivering the Trial(s) shall be liable for any direct, indirect, consequential, or incidental damages relating to the Trial(s), however caused and on any theory of liability (including negligence). Boonty may request return of the Trial(s) and terminate this Agreement for any reason or for no reason at any time upon notice to Licensee. By the end of the Trial Period, Licensee shall cease use of the Trial(s) and LicenseeÆs ability to access and play the game will be denied. This Agreement will be governed by California law, without reference to conflicts of laws principles. All disputes arising out of or in connection with this Agreement will be settled by binding arbitration in San Francisco, California under the rules of arbitration of the American Arbitration Association. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing arbitration provision, Boonty may apply to any court of competent jurisdiction for injunctive relief. This Agreement may not be assigned by Licensee without BoontyÆs consent. This Agreement is the entire agreement with respect to the subject matter hereof and may only be modified in a writing signed by Boonty. Licensee agrees not to export or re-export, or cause to be exported or re-exported, the Trial(s), or the direct product of such Trial(s), to any country which, under the laws of the United States, Licensee is or might be prohibited from exporting its technology or the direct product thereof.
